Country profile AFG
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2023 | 5-17 | 15.6 | Male | Proportion of children engaged in economic activity, by sex and age (%) | UN SDG Indicators Database |
| 2023 | 7-17 | 19.6 | Male | Proportion of children engaged in economic activity and household chores, by sex and age (%) | UN SDG Indicators Database |
| 2023 | 5-17 | 13.3 | Male & Female | Proportion of children engaged in economic activity, by sex and age (%) | UN SDG Indicators Database |
| 2023 | 5-17 | 10.9 | Female | Proportion of children engaged in economic activity, by sex and age (%) | UN SDG Indicators Database |
| 2023 | 5-17 | 19 | Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | UN SDG Indicators Database |
| 2023 | 5-17 | 19.3 | Male & Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | UN SDG Indicators Database |
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Minimum age for hazardous work | 1999-11-01 | C138 & C182 | Labour Code - Articles 13(2), 13(4), 121 and122 | [{"link_name":"Labour Code","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/78309/AFG78309%20English%202.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Articles 13(2) and (4) of the Labour Law prohibit the employment of children under the age of 18 years in work injurious to their health and development. Sections 121 and 122 of the Labour Law further prohibit night work and overtime work by young persons under the age of 18 years. |
| Minimum age for admission to apprenticeship | 1999-11-01 | C138 | Labour Code - Article 13 | [{"link_name":"Labour Code","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/78309/AFG78309%20English%202.pdf"}] | 14 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | According to Article 13 of the Labour Law, for trainees, the minimum age is 14 years. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2008-07-24 | C138 | Education Law - Articles 5 and 17 | [{"link_name":"Education Law","source_link":"https://planipolis.iiep.unesco.org/sites/default/files/ressources/afghanistan_education_law.pdf"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Article 5 read together with Article 17 of the Education Law of 2008 provides for the free and compulsory education of children from 6 to 14 years, which is in line with the minimum age for admission to work or employment specified by Afghanistan. |
| Light work - Determination of types and conditions of activities | 1999-11-01 | C138 | Labour Code - Article 35 | [{"link_name":"Labour Code","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/78309/AFG78309%20English%202.pdf"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | There is no information on activities permitted for light work. Section 31 of the Labour Code prescribes a weekly working period of 35 hours for young persons between 15 and 18 years. |
| Minimum age for light work | 1999-11-01 | C138 | Labour Code - Article 13(2) | [{"link_name":"-Labour Code","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/78309/AFG78309%20English%202.pdf"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:3292452,102945"}] | 15 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Section 13(2) of the Labour Law sets 15 years as the minimum age for employment in light work in industries and section 31 prescribes a weekly working period of 35 hours for young persons between 15 and 18 years. In its CEACR Observation on Convention 138, 2016, the Committee observes that "The minimum age for light work of 15 years is higher than the minimum age for admission to employment or work of 14 years specified by Afghanistan." |
| Minimum age for admission to work | 1999-11-01 | C138 | Labour Code - Article 13 | [{"link_name":"-Labour Code","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/78309/AFG78309%20English%202.pdf"},{"link_name":"-CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4325763,102945"}] | 14 - 18 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | In ratifying C138, Afghanistan specified a minimum age of 14 years for admission to employment or work within its territory. According to section 13 of the Labour Law, no person under the age of 18 years shall be employed while a child of 15 years may be employed in light industries, and for trainees, the minimum age is 14 years. In its Direct Request on Convention 138, 2022, the Committee notes "there appear to be various minimum ages for admission to employment or work under the national legislation, which are higher than the minimum age of 14 years specified upon ratification, the Committee requests that the Government provide information on whether its reasons for specifying a minimum age of 14 years subsist." |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2019-03-11 | C182 | Child Protection Law - Articles 3 and 22 | [{"link_name":"Child Protection Law","source_link":"https://www.unicef.org/afghanistan/media/3936/file/Law%20on%20Protection%20of%20Child%20Rights.pdf.pdf"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | The law on the Protection of Child Rights in Afghanistan strictly prohibits the use or offering of children for illicit activities. Specifically, it addresses the prohibition of child exploitation, which includes the use of children for business, work, sexual and misbehaviour purposes that lead to injury to the physical, mental, and psychological health or life or human dignity of the child. This encompasses preventing children from being involved in any form of illegal activities, particularly those that could harm their well-being or development. The law emphasises the government’s obligation to protect children from such exploitation and to take appropriate measures to prevent it. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2019-03-11 | C182 | Child Protection Law - Article 96 | [{"link_name":"-CEACR Observation","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4325784,102945:NO"},{"link_name":"-Child Protection Law","source_link":"https://www.unicef.org/afghanistan/media/3936/file/Law%20on%20Protection%20of%20Child%20Rights.pdf.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | According to the CEACR Observation on Convention 182, 2022, "The Committee notes the Government representative’s indication to the Conference Committee that the Child Protection Law has been submitted to Parliament for adoption and criminalised the practice of bacha-bazi (dancing boys), which involves the sexual exploitation of boys by men in power a criminal offence."Furthermore, Article 96 of the Child Protection Law states that, relevant Ministries and governmental and non-governmental organizations are obliged to prevent all forms of sexual exploitation and misuse of children, including persuasion or coercion of a child to engage in every kind of sexual activity or usage in prostitution or other illegal sexual activities or/and in pornographic images and videos. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1905-07-06 ; 2019 | C182 | Law on the Prohibition of Children’s Recruitment in the Armed Forces ; Child Protection Law - Articles 75 and 76 | [{"link_name":"-Law on the Prohibition of Children\u2019s Recruitment in the Armed Forces","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4325784,102945"},{"link_name":"-Child Protection Law","source_link":"https://www.unicef.org/afghanistan/media/3936/file/Law%20on%20Protection%20of%20Child%20Rights.pdf.pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | CEACR observation 2022 on C182, refers to the Law on the Prohibition of Children’s Recruitment in the Armed Forces (2014). "The Committee requests the Government to continue its efforts in taking immediate and effective measures to put a stop, in practice, to the recruitment of children under 18 years by armed groups, the national armed forces and police authorities." In addition, the “Law on Protection of Child Rights” specifically addresses the prohibition of children’s recruitment in the armed forces in Chapter 12. Here are the key points: Article 75: It is prohibited to recruit a child and use them in military forces, including the Ministries of Defence and Interior Affairs and General Directorate of National Security forces, or forces of other organisations with military structures. This action is considered a violation of the child’s human rights and perpetrators are prosecuted according to the law. Article 76: Relevant ministries and governmental organisations must observe international humanitarian law, especially the Protocols attached to the Geneva Conventions on Children in Armed Conflicts. They are also obliged to prevent the use and recruitment of children under 18 years in the armed forces and participation in armed conflicts. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2017-06-27 | C182 | Law on Combating Human Trafficking in Persons and Smuggling of Migrants - Sections 10 (1) and 10 (2) | [{"link_name":"Law on Combating Human Trafficking in Persons and Smuggling of Migrants","source_link":"https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Afghanistan-2017-Trafficking-Law.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Under section 10(1) of the Law on Combating Human Trafficking in Persons and Smuggling of Migrants, the perpetrator of trafficking in persons shall be punished with long-term imprisonment for a term not exceeding eight years. Section 10(2) of this law punishes the perpetrator of trafficking to eight years’ imprisonment when the victim is a child or when the victim is exploited for the purpose of dancing. |
| List of hazardous activities prohibited for children | 2014 | C138 & C182 | Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) and the Ministry of Public Health joint regulation | [{"link_name":"CEACR Direct Request","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4325763,102945"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | In its CEACR Direct Request on C138, 2022, the Committee notes that "with regard to the determination of hazardous work, the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) and the Ministry of Public Health have jointly adopted a regulation, pursuant to section 120 of the Labour Law, prescribing a list of 244 physically arduous and harmful occupations prohibited to women and children, out of which 31 occupations are identified as worst forms of child labour that are prohibited to children under the age of 18 years. In 2014, the MoLSAMD adopted a list of 29 prohibited jobs for children under 18 years which include: (a) mining; (b) working in the iron furnace, garbage collection and recycling, slaughterhouses, production of narcotic drugs, in workshops with dangerous chemicals, painting metal and wood, processing and mixing acid and battery charging, grinding salt and packing, and in garment factories; (c) working with ovens in bakeries and ovens in brick kilns, heavy machinery, fluid gas, insecticides; (d) working as porters, tractor drivers, in public transport; (e) working at heights; (f) working for more than four hours per day in carpet producing; and (g) using children for bonded labour and begging." |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 07-APR-2010 | Source |
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 07-APR-2010 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| In its CEACR Observation on C182 of 2022, the Committee noted: "The National Strategy for Children at Risk was launched in 2006 and was being implemented with a view to improving care and support for the country’s most vulnerable children. The Government provided information on the following activities carried out by the MoLSAMD within the framework of this national plan of action: - established the Child Protection Action Network (CPAN) in over 100 districts and 33 provinces in order to identify and address all issues pertaining to children. From 2014 to 2015, the CPAN addressed over 5,417 different cases of vulnerable children and prevented 492 children from the worst forms of child labour; - established a system of reintegration of vulnerable children into their families, resulting in a total of 264 children, who were provided temporary social support, reunited with their families during 2014–15; - established 39 orphanages, in addition to 52 private orphanages, which provide support and protection to a total of 20,220 orphans; and - established a social safety net which provides financial assistance to poor families with children. In 2016, over 15,000 such families with children under 5 years of age were identified." | [{"link_name":"CEACR observation","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4325781,102945"}] | 2006 | National strategy for children at risk | Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) |
| In its CEACR Observation on C182 of 2022, the Committee noted: "The National Child Labour Strategy was developed in 2012, and an action plan was also developed, with a view to protect children from child labour. One of the key components of this action plan is the prevention of child labour in brick factories in Kabul and Nangarhar provinces, and a preliminary survey has been conducted to assess the situation of children in brick kilns. The survey results indicated that a number of economically vulnerable families have taken loans from brick factory owners and, in order to pay off their debt, the families force their children to work in those factories under extremely unhealthy, physically arduous and hazardous conditions. Within the framework of this action plan, the MoLSAMD established quick learning training centres, as well as technical and vocational training courses, for over 894 families who reside in areas surrounding these factories with a view to making them economically self-reliant." | [{"link_name":"CEACR Observation","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4325781,102945"}] | 2012 | National Child Labour Strategy | Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) |